Barrister Profile  

James Sandham Call: 2003
  • Landlord and Tenant
  • Planning & Compulsory Purchase
  • Property
  • Public Access

Summary

James specialises in all aspects of property litigation and is a member of both the Chancery Bar Association and Property Bar Association.  His practice has an emphasis on freehold and leasehold disputes, including trusts of land, rectification, misrepresentation and undue influence, service charges, lease variations, and forfeiture.  He has a “direct and robust approach” and is regularly instructed to appear in the Court of Appeal, High Court, the Upper Tribunal (Lands Chamber), the First-tier Tribunal (Property Chamber), the Technology and Construction Court, and the County Court nationwide (see details below).

He is authorised to accept direct and licensed access work and does so in appropriate cases.

Areas of Practice

Property

Practice areas and experience include:

  • alteration and rectification, including rectification of the land register;
  • transaction resulting from undue influence, misrepresentation and fraud;
  • co-ownership and beneficial interests;
  • trusts of land and associated applications under the TOLATA 1996, and Trustee Act 1925;
  • adverse possession;
  • breach of covenant;
  • restrictions and applications under s.84(1) of the LPA 1925;
  • equitable remedies.

Landlord and Tenant

Commercial: 

  • Landlord and Tenant Act 1954;
  • breach of covenant;
  • forfeiture;
  • relief;
  • lease renewals;
  • rent review;
  • break notices.

Residential: 

  • Service charge disputes;
  • lease variations;
  • lease extensions;
  • collective enfranchisement;
  • forfeiture;
  • breaches of covenant;
  • applications under Insolvency Act 1986;
  • vesting orders;
  • right to manage;
  • enforcement proceedings.;
  • all issues arising under Housing Acts 1985, 1988, 1996 and Rent Act 1977 with a particular emphasis on right to buy leases, possession claims, tenancy deposits, and succession.

Planning & Compulsory Purchase

Judicial review

Public Access

Qualifications

  • LL.B, LL.M
  • “Very Competent”, Inns of Court School of Law
  • Lincoln’s Inn, 2003
  • Tenancy, 2006
  • Pupil Master, 2013

Legal Publications

Author

The curious incident of Mr Edwards and the paving stone that no one noticed.”  J.H.L. 2016, 19(5), 97-101

Costs in service charge disputes: why the house always wins.” J.H.L. 2016, 19(1), 14-17

Alienation covenants and the Landlord and Tenant Act 1988: it ain’t over until the landlord consents!” Conv. (2004) November/December 453-481

A review of the impact of Mannai Investments v Eagle Star Life Insurance on the service of notices in commercial leases.” Conv. (2004) September/October 361-369

Seminars

  • “Costs and Unreasonable Conduct in Service Charge Disputes” (14.07.16)
  • “Lease Variations” (2014)
  • “Remedial Constructive Trusts and Beneficial Interests” (2014)
  • “Rectification of the Land Register” (29.10.13)
  • “When “rent” isn’t “rent”, or maybe it is: Forfeiture for arrears of service charge & section 146 notices” (22.11.12)
  • “Forfeiture of Residential Leases” (28.09.12)
  • “Constructive trusts: in the wake of Stack v Dowden” (11.05.12)
  • “Covenants to repair” (14.09.07)

(all CPD accredited)

Memberships

  • Chancery Bar Association
  • Property Bar Association
  • ALBA
  • Bar Council Professional and Public Access scheme
  • Lincoln’s Inn

Noteworthy Cases

Court of Appeal:

R (on the application of Pearce and ors) v Purbeck District Council and ors [2016] Court of Appeal, C1/2016/4022, (ongoing)

London Borough of Islington v Dyer [2017] EWCA Civ 150 (second appeal; meaning and validity of “notice” for the purposes of s.128 of the Housing Act 1996; whether the notice was valid notwithstanding the omission of prescribed information)

Begum v Birmingham CC [2015] EWCA Civ 386; [2015] CP Rep 32; [2015] 3 Costs LO 387; [2015] HLR 33 (Amendments; Breach of statutory duty; Costs; Defects; Local authorities’ liabilities; Local authority housing; Sale of property; Statements of case)

London Borough of Brent v Cheryl Tudor [2013] EWCA Civ.157; [2013] HLR 20; [2013] 1 P & CR DG23 (Possession; under occupying; ground 16; whether reasonably required to accommodate the successor secure tenant and her family)

Anas v Arora [2012] EWCA Civ 102 and [2012] EWHC 1488 (QB) (possession; refusal of a stay of execution; academic appeals; civil restraint orders)

Vernon v Spoudeas and Rosenthal [2010] EWCA Civ 666 (non-compliance with an unless order; court’s powers and duties; striking out)

High Court:

R (on the application of Bishops Stortford Civic Federation) v (1) East Hertfordshire District Council (2) Anley Trustees Limited and Maison Anley Property Nominee Limited [2014] EWHC 348 (Admin); [2014] PTSR 1035; [2014] BLGR 161; [2014] JPL 852; [2014] ACD 104 (Judicial review; £105m redevelopment; whether the decision was impugned by irrelevant and prejudicial remarks made by a member of the Executive)

Egbo v Brent London Borough Council, EWHC QBD, August 14, 2014, Lewis J (appeals, relief from sanctions, application of limb 3 Denton principles where appeal potentially academic)

Ergun v Smith and Anor [2014] EWHC 2494 (forfeiture; new evidence in support of an appeal)

Bhathal v Mistry and Anor [2014], High Court (void mortgage agreement; rectification of the land register; fraud and a breach of the CCA 1974; application of the Mitchell/Denton principles to CPR r.39.5)

Brasilian Point Ltd v In Shops Ltd and another [2012] All ER 17 (forfeiture; commercial lease; terms of relief;  arrears uncertain; unjust enrichment).

Ozturk v Ali Reza Vahedi (by his LPA Receivers) [2010] High Court, QB/2010/0659 (possession; insolvent freeholder; LPA receivers; service tenancy; Notice of Disclaimer; s.178 of the Insolvency Act 1986; priority of charges; overriding interests; s.29 of the Land Registration Act 2002)

Hunter v (1) Property Rescue Ltd (2) Reliable Moving And Storage Ltd [2011] High Court, 9 November 2011 (forfeiture of commercial premises; injunction; disposal of chattels; costs; interim payments)

Technology and Construction Court:

Rapose v Viridian HA Limited [2017], TCC, Jan 5, 2017 (Party Walls, validity of the third surveyor’s award)

Begum v Birmingham CC [2013], TCC, Dec 18, 2013 (Sale of land; duty to disclose structural defects known to the freeholder at the time of sale; liability, damages and rescission arising out of misrepresentation and a breach of the statutory)

Upper Tribunal (Lands Chamber):

Primeview Developments Limited v (1) Mr R Ahmed and Dr M H Javaid (2) Mrs Jumbo (3) Mr Frade (4) Mrs Kelly [2017] UKUT 0057 (LC) (Administration charges – costs orders under rule 13, Property Chamber Rules 2013 and s.20C, Landlord and Tenant Act 1985, whether appellant unreasonable to refuse mediation)

Firstport Property Services Limited v Ahmet [2017] UKUT 0036 (LC) (Lessee’s obligation to pay proportion of estate costs by reference to formula – whether lessee’s proportion should be calculated by reference to 13 dwellings built on land sold to another developer as well as the 218 dwellings built on the retained land, both sites together constituting a single residential estate – whether the estate costs payable by the lessee should include the costs associated solely with the land sold as well as the retained land)

Queensbridge Investments Limited v Leaseholders of Flat 2 and 3, 135 Ladbroke Grove, London, W11 1PN Upper Tribunal, (permission) LRX/70/2015 and LRX/156/2016 (s.168 of the Commonhold and Leasehold Reform Act 2002; waiver of covenant prohibiting sub-letting; ostensible authority of managing agents)

Norwich CC v Redford [2015] UKUT 30 (LC) (Apportionment; Flats; Lighting; Local authorities’ powers and duties; Rateable value; Service charges)

Aaron Burchell v Raj Properties Ltd [2013] UKUT 443 (LC); [2014] L & TR 3; [2013] 3 EGLR 62; [2013] 43 EG 127 (CS) (leasehold enfranchisement; “terms of acquisition”: s.48(1), Leasehold Reform, Housing and Urban Development Act 1993; restrictions on dispositions; meaning of “change”:  s.57(6)(b))

Adrian Baggs v Ecatering Camelia Asher [2012], HM Land Registry (20.06.12) (restriction against dispositions: s.43(1)(c), Land Registration Act 2002 and r.93(a), Land Registration Rules 2003; beneficial interests; imputations from the parties’ conduct)

First Tier Tribunal (Property Chamber):

Eaglesham Properties Limited v Leaseholders of Flats 2, 3, 6, 7, 8 and 12 Drysdale Dwellings LRX/19/2014 (Appointment of a manager, jurisdiction to determine the proper construction of orders, entitlement to recover monies equivalent to service charges from the freehold owner of flats not let on long leases)

Rossman v The Crown Estate Commissioners LON/00BK/LVL/2011/0013 (Lease variations; satisfactory provision; computation; equitable forbearance; estoppel)

Kingsmere RTM Company Ltd v Anstone Properties Ltd CHI/00ML/LRM/2011/0017 (RTM; multiple blocks; ultra vires; articles of   association)

Others:

White v Riverside Housing Association Ltd* [2007] UKHL 20; [2007] 4 All ER 97; [2007] HLR 31; [2008] 1 P & CR 13; [2007] L & TR 22; [2007] 2 EGLR 69; [2007] 29 EG 144; [2007] 18 EG 152 (CS); (2007) 104(19) LSG 25; (2007) 151 SJLB 574; [2007] NPC 46; Times, May 7, 2007 (*preparatory work)